The Memorandum of law in support of Motion by Apple and Microsoft suggests that the court should instead consider that "the Electronic Communications Privacy Act ("ECPA") was not intended to apply extraterritorially, and that principles of comity and reciprocity require the Government to comply with the MLAT process when foreign user data is stored abroad".

It also highlighted the fact that the ruling in April, did not "mention international law, possible conflicts of laws, or the burden on providers of complying with conflicting legal regimes".